FRANCISCO GARCIA v. AMERICAN GOLF CORPORATION, ET AL.

MOTION TO COMPEL INDIVIDUAL ARBITRATION WITH PLAINTIFF AND STAY ACTION PENDING ARBITRATION

TENTATIVE RULING

Grant motion to compel arbitration; find that the issue of class arbitrability must be determined by the arbitrator and defer to the arbitrator on that issue; stay prosecution of Plaintiff Garcia’s PAGA claim, pending resolution of the arbitration proceedings; set a non-appearance review date for ninety (90) days from the hearing date (January 16 2019), and require the parties to submit a joint statement no later than Thursday, January 10, informing the Court of the status of the arbitration

DISUCSSION

I. Background

This is a putative wage-and-hour class action. Plaintiff alleges that he has been employed by Defendants American Golf Corporation and AGC Field Operations, LLC (collectively, “Defendants”) as a non-exempt employee, holding the position of a maintenance worker. [First Amended Complaint (“FAC”), ¶6.] Plaintiff